Think Fair Act Bill Proposal,
lobbied to Cedric Richmond, Marco Rubio, Barbara Lee and others
[Bookmark 1, update 2002 ]
Public Law ____-_____ ______th Congress
PUBLIC LAW _____-_____—____________
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. PURPOSES.
The purposes of this Act are to—
(1) acknowledge the fundamental injustice of the public policies which injured, harms, and traumatizing American Descendants of Slavery today;
(2) reaffirm the 2009 apology on behalf of the people of the United States for the past harms, and provides a second apology for ongoing harms of mass incarceration, police terrorism, and discriminatory public policies, and lack of fair public policies to close the wealth gap;
(3) provide for an American Descendants of Slavery Office of Special Trustee in the Department of Interior to manage restitution applications and direct cash payments to all victims;
(4) provide for a public education fund to finance efforts to inform the public about the wealth gap, trauma harms, and all other applicable harms to American Descendants of Slavery caused by discriminatory public policy so as to prevent the recurrence of any similar policies, and to increase the rates of lobbying to remove discriminatory policies;
(5) authorize protective class status for American Descendants of Slavery;
(6) make restitution to those American Descendants of Slavery (ADOS) individuals harmed by malicious, inhumane, unconstitutional, and/discriminatory public policies which negatively impacted American Descendants of Slavery, in settlement of United States obligations in equity and at law, for—
(A) injustices suffered and unreasonable hardships endured while those American Descendants of Slavery (ADOS) were in the jurisdiction of the United States from past to present;
(B) personal property taken or destroyed by United States;
(C) community property, including community church property, taken or destroyed by United
(7) discourage the occurrence of similar injustices and violations of American Descendants of Slavery civil liberties in the future; and
(8) make more credible and sincere any declaration of concern by the United States over violations of human rights committed by other nations.
SEC. 2. STATEMENT OF THE CONGRESS.
(a) WITH REGARD TO INDIVIDUALS OF AMERICAN DESCENDANT OF SLAVERY ANCESTRY —The Congress recognizes that, as described by public USA academic research and pass Congressional apology, a grave injustice was done to citizens of American Descendants of Slavery ancestry by the public policy harms from the past to the present. As the public USA academic research and pass Congressional apology documents documents, these actions were carried out without regard for the humanity of American Descendants of Slavery or their rights to life, liberty, and pursuit of happiness in the United States jurisdictions, and were motivated largely by racial prejudice, government self-interest, and a failure of political leadership.
(b)The individuals of American Descendants of Slavery ancestry suffered enormous damages, both material and intangible, and there were incalculable losses in education and job training, all of which resulted in significant human suffering for which appropriate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these individuals of American Descendants of Slavery ancestry, the Congress apologizes again and first of for new policies of wrongdoing on behalf of the Nation.
TITLE I—UNITED STATES CITIZENS OF AMERICAN DESCENDANTS OF SLAVERY ANCESTRY
SEC ___. SHORT TITLE.
This title may be cited as the "Think Fair Act of _______".
(a) ESTABLISHMENT.—There is established in the Treasury of the United States the Think Fair Act Public Education Fund, which shall be administered by the Secretary of the Treasury.
(b) INVESTMENT OF AMOUNTS IN THE FUND.—Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code.
(c) USES OF THE FUND.—Amounts in the Fund shall be available only for disbursement by the Attorney General under section ____and by the Board under section ___.
(d) TERMINATION.—The Fund shall never terminate, and any income earned on such amount, after the date of the enactment of this Act shall be used for the purpose of the fund.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Fund $12,500,000,000, of which not more than $500,000,000 may be appropriated for any fiscal year. Any amounts appropriated pursuant to this section are authorized to remain available until expended.
SEC _____. RESTITUTION.
(a) Location and Payment of Eligible Individuals.—
(1) IN GENERAL.—The Attorney General shall place a public debt in the amount of 151.9 million dollars per American Descendant of Slavery on the ledger as a public debt, for such purpose of reparations pension payments by the US Treasury, pay back of this debt to each eligible American Descendant of Slavery individual in lump sum or installment equal to $151,900,000.00 unless such individual refuses to accept payment and therefore will likely pursue civil lawsuits for harm.
(2) LOCATION OF ELIGIBLE INDIVIDUALS.—The Attorney General shall identify and locate, without requiring any application for payment and using records already in the possession of the United States Government, each eligible individual. The Attorney General should use funds and resources available to the Attorney General, including those described in subsection (c), to attempt to complete such identification and location within 12 months after the date of the enactment of this Act. Any eligible individual may notify the Attorney General that such individual is an eligible individual, and may provide documentation therefore. The Attorney General shall designate an officer or employee to whom such notification and documentation may be sent, shall maintain a list of all individuals who submit such notification and documentation, and shall, ensure funds are disbursed for such purpose, encourage, through a public awareness campaign, each eligible individual to submit his or her current address to such officer or employee. To the extent that resources referred to in the second sentence of this paragraph are not sufficient to complete the identification and location of all eligible individuals, there are authorized to be appropriated such sums as may be necessary for such purpose. In any case, the identification and location of all eligible individuals shall be completed within 12 months after the appropriation of funds under the preceding sentence. Failure to be identified and located by the end of the 12-month period specified in the preceding sentence shall not preclude an eligible individual from receiving payment under this section.
(3) FROM THE ATTORNEY GENERAL.—The Attorney General shall disburse reparations pension checks or direct cash payments to all victim American Descendants of Slavery, notify that eligible individual in writing of his or her eligibility for reparations pensions under this section. Such notice shall inform the eligible individual that—
(A) acceptance of reparations payments in lump sum or installment under this section shall be in full satisfaction of all claims against the United States arising out of acts described in above), and
B) each eligible individual who does not refuse, in the manner described, will accept payment under this section within 18 months after receiving such written notice.
(4) EFFECT OF REFUSAL TO ACCEPT PAYMENT.—If an eligible individual refuses, in a written document filed with the Attorney General, to accept any payment under this section,
the amount of such reparations pension shall remain in the U.S. Treasury until the point when the individual accepts their reparations pensions.
(5) PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES.— The acceptance of payment by an eligible American Descendants of Slavery individual under this section shall be in fill satisfaction of all claims against the United States arising out of acts described herein.
(6) EXCLUSION OF CERTAIN INDIVIDUALS.—No payments maybe made under this section to any individual who, after ______________ , accepts payment pursuant to an award of a final
judgment or a settlement on a claim against the United States for acts described herein, or to any surviving spouse, chUd, or parent of such individual to whom this applies.
(7) PAYMENTS IN THE CASE OF DECEASED PERSONS.—(A) In the case of an eligible individual who is deceased at the time of payment under this section, such payment shall be made only as follows:
(i) If the eligible individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.
(ii) If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the eligible individual who are living at the time of payment.
(iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the eligible individual who are living at the time of payment.
If there is no surviving spouse, children, or parents described in clauses (i), (ii), and (iii), the amount of such payment shall remain in the US Treasury, and may be used only for the purposes set forth herein.
(B) After the death of an eligible individual, this subsection and subsections (c) and (f) shall apply to the individual or individuals specified in subparagraph (A) to whom payment under this legislation will be made, to the same extent as such subsections apply to the eligible individual.
(C) For purposes of this paragraph—
(i) the spouse" of an eligible individual means a wife or
husband of an eligible individual who was married to that eligible individual for at least 1 year immediately before the death of the eligible individual;
(ii) a ''child" of an eligible individual includes a recognized natural child, a stepchild who lived with the eligible individual in a regular parent child relationship, and an adopted child; and
(iii) a "parent" of an eligible individual includes fathers and mothers through adoption.
(b) Order of Payments.—The Attorney General shall endeavor to make debt payments known as reparations pensions under this section to eligible individuals in the order of date of birth (with the oldest individual on the date of the enactment of this Act (or, if applicable, that individual's survivors under paragraph (6)) receiving payment first, until all eligible individuals have received reparation pensions.
(c) Resources For Locating Eligible Individuals.—In attempting to locate any eligible individual, the Attorney General may use any facility or resource of any public or nonprofit organization or any other record, document, or information that may be made available to the Attorney General.
(d) ADMINISTRATIVE COSTS SHALL BE PAID FROM THE US TREASURY.—All costs incurred by the Attorney General in carrying out this section shall be paid from the US Treasury.
(e) TERMINATION OF DUTIES OF ATTORNEY GENERAL.—The duties of the Attorney General under this section shall never cease.
(f) CLARIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS.—Amounts paid to an eligible individual under this section— (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits.
SEC ______. BOARD OF DIRECTORS OF THE FUND.
(a) ESTABLISHMENT.—There is established the Think Fair Act Public Education Fund Board of Directors, which shall be responsible for making disbursements from the Fund in the manner provided in this section.
(b) USES OF FUND.—The Board may make disbursements from the Fund only—
(1) to sponsor research and public educational activities, and to publish and distribute literature and media so that the events surrounding the public policy caused trauma, pain, and suffering of American Descendants of Slavery ancestry will be remembered, and so that the causes and circumstances of this and similar public policy harms may be analyzed and understood; and
(2) for reasonable administrative expenses of the Board, including expenses.
(1) APPOINTMENT.—The Board shall be composed of 10 members appointed by the President, by and with the advice and consent of the Senate, from individuals who are not officers or employees of the United States Government.
(2) TERMS.—(A) Except as provided in subparagraphs (B) and (C), members shall be appointed for terms of 3 years.
(B) Of the members first appointed—
(i) 5 shall be appointed for terms of 3 years, and (ii) 4 shall be appointed for terms of 2 years, as designated by the President at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of such member's term until such member's successor has taken office. No individual may be appointed as a member for more than 2 consecutive terms.
(3) COMPENSATION.—Members of the Board shall serve without pay, except that members of the Board shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Board, in the same manner as persons employed intermittently in the United States Government are allowed expenses under section 5703 of title 5, United States Code.
(4) QUORUM.—6 members of the Board shall constitute a quorum but a lesser number may hold hearings.
(5) CHAIR.—The Chair of the Board shall be elected by the members of the Board.
(d) DIRECTOR AND STAFF.—
(1) DIRECTOR.—The Board shall have a Director who shall be appointed by the Board.
(2) ADDITIONAL STAFF.—The Board may appoint and fix the pay of such additional staff as it may require.
(3) APPLICABILITY OF CIVIL SERVICE LAWS.—The Director and the additional staff of the Board may be appointed without regard and without regard to the provisions of such title governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Board may not exceed a rate equivalent to the minimum rate of basic pay payable for GS-18 of the General Schedule under section 5332(a) of such title.
(e) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request.
(f) GIFTS AND DONATIONS.—The Board may accept, use, and dispose of gifts or donations of services or property for purposes authorized under subsection (b).
(g) ANNUAL REPORTS.—Not later than 12 months after the first meeting of the Board and every 12 months thereafter, the Board shall transmit to the President and to each House of the Congress a report describing the activities of the Board.
(h) TERMINATION.—The board shall never cease.
SEC. ____. DOCUMENTS RELATING TO THE PUBLIC POLICY HARMS.
(a) PRESERVATION OF DOCUMENTS IN NATIONAL ARCHIVES.—All documents, personal testimony, and other records created or received by the US Congress shall be kept and maintained by the Archivist of the United States who shall preserve such documents, testimony, and records in the National Archives of the United States. The Archivist shall make such documents, testimony, and records available to the public for research purposes.
(b) PUBLIC AVAILABILITY OF CERTAIN RECORDS OF THE HOUSE OF REPRESENTATIVES.—
(1) The Clerk of the House of Representatives is authorized to permit the Archivist of the United States to make available for use records of the House not classified for national security purposes, which have been in existence for not less than thirty years, relating to the harms period.
(2) This subsection is enacted as an exercise of the rulemaking power of the House of Representatives, but is applicable only with respect to the availability of records to which it applies, and supersedes other rules only to the extent that the time limitation established by this section with respect to such records is specifically inconsistent with such rules, and is enacted with full recognition of the constitutional right of the House to change its rules related to records keeping at any time, in the same manner and to the same extent as in the case of any other rule of the House.
SEC ____. DEFINITIONS.
For the purposes of this title—
(1) the term "public policy harm"
means that federal government policies which traumatizes, injures, harms, aggravates harm, or resulting in the wealth gap which negatively impacts ADOS in the past or present;
(2) the term "eligible individual" means any individual of American Descendant of Slavery ancestry who is living on the date of the enactment of this Act and who, during the harms period—
(A) was a United States citizen; and was harmed by public policies as a result of— federal discriminatory policy or the lack of policy to provide ADOS a fair opportunity for life, liberty, and pursuit of happiness;
(3) the term "Board" means the Think Fair Act Public Education Fund Board of Directors established in section ___.
SEC ____. COMPLIANCE WITH BUDGET ACT.
This act authorizes the reparations pensions to be a debt owed, and thus are not restricted by traditional sequester, pay as you go, or non-mandatory spending appropriations processes. In any fiscal year, total benefits conferred by this title shall be less than what is predicted to cause grave inflationary irregularities with our economy.
SEC ____. PROTECTIVE CLASS STATUS.
This act authorizes protected class status for all victims, regardless of their location. In addition, an individual law enforcement protection service is authorized for American Descendants of Slavery who reside in cities of 500,000 or more with a percentage of 51% of the population or more.
SEC ____. TAX
This act authorizes the federal government to pay the reparations debt owed by implementing a solidarity tax if necessary on the top 37% tax bracket taxpayers. The sum solidarity tax total of all 37% tax bracket taxpayers shall be equal to the sum total of all annual reparations payments to American Descendants of Slavery.
SEC ____.THIS IS A SETTLEMENT.
This act authorizes a settlement between harmed American Descendants of Slavery and the United States of America.